National Republican., 1887-03-01
WEST WANTS A NEW TRIAL.
Doubtful II His CounseIs' Efforts Prove
Successful.

SuccesSful.
In the criminal court yesterday afternoon
the motion for new trial In the case OF
John j. West, convicted Of housebrealSing
in the night and assault with intent to
commit rape on Mary Irene Page, was
taken up and considered. District Attor-
ney Worthington appeared for the govern
ment and Messrs. Cook and Cahill for the
defendant.
The grounds were numerous, and in
cluded the exceptions taken at the trial;
charge that two OF the jurors were asleep
during the taking of testimony, and newly
discovered evidence could be presented.
A number Of aflldavits were read by Mr..
Cabill in support of the charge that Jurors
Webster and Brown had been asleep while
the trial was in progress, and District At
torney Worthington offered the afIldayits
OF the jurors that the allegations were un.
true. Col. Cook objected to the admission
OF the aflldavits on the ground that the
weight Of authority held that jurors could
not disprove their misconduct by mere
denial of the charge. 1t was not to be ex-
pected that the two men would acknowl-
edge sleeping while In the jury box, but
their mere denial should not be accepted
as n fact. He further thought that the de-
fendaI It's counsel should have enjoyed the
opportunity Of seeing the atlidavits In re-
sponse, and excepted to their reception on
the ground that they Lad not seen them.
Justice Macarthur decided o'admit the
depositions ard they were read; also that Of
Deputy Marshal James SpHngman, all to
the ELECT that the jurors were not asleep
The court, without permitting argument,
declined to sustain the point, lokingly re.
marking to Mr.. Cabill that she did not see
where any one could sleep when he was
conducting "a case.'n
"That was one OF my quiet days. re-
piled Mr. Cahill, "and Col. Cook was using
his soporiflc influences upon the jury"
This point having been disposed of, the
argument ON those remaining was then ell
tered upon.
When Mr. Cahill had concluded his open
ing District Attorney Worthlngton was
about rising to reply.
Justice Macarthur said that Col. Cook
being entitled to the closing argument he
would concede him the floor, thus inform
ing the government that he did not desire
to hear from that side. He further said
that nearly all the points presented and dis
cussed had been raised during the progress
of the trial, argued at considerable length
and decided after mature deiberation.
Despite this iDtlmation as to what the re-
suit would be Col. Cook entered upon his
up hill task Of trying to convince the court
that the verdict should be set aside for
error, W ME tnaU was not accomplished,
still he was partially successful.
In discussing the case he first considered
the indictments, and claimed that differ
ent ofTenses were charged, coming under
different statutes, prescribing different pun
ishment and a multiplicity of sentences
made C es; ible. In consolidating these
Indictments he held that 1t was error, and
1t could not be told what the defendant was
called on to answer or for what crime SEN
tence would be imposed
District Attorney Worthington said that
he should ask for sentence for housebreak-
ing and for assault.
Col. Cook said he supposed 1t would be
something like that, and claimed that such
q sentence could not legally be imposed
Justice Macarthur Informed Col Cook
that there was no necessity for arguing that
point as only one sentence would be given
but If there were other points he was desi-
rous of discussing he might proceed.
Col. Cook resumed his argument, and
sought to show that error had been com
mitted in making the order consolidating the
indictments; he then passed to the inqulr,
made by the juror as to the religious belle
of Mrs. Page, which he claimed might hav,
biased the jury against his client, and hat
not finished his argument when the cour
adjourned for the day.